Ga. Comp. R. & Regs. R. 295-8-.04 - Subpoenas

(1) In contested cases, subpoenas shall be issued without discrimination between public and private parties. At any time after issuance of the Notice of Hearing, and prior to the scheduled date for the hearing, the parties may request the issuance of subpoenas by filing a written request with the Division Director, in accordance with Rule 295-3-.04, with appropriate service on the opposing party or counsel. Subpoena requests shall state the name and complete address of the person to whom it is directed.

(2) Subpoenas issued pursuant to a request in accordance with Rule 295-8-.04(1) shall not be issued in blank. Every subpoena issued by the Division Director shall state the name of the agency and the title of the action, and shall command each person to whom it is directed to attend and give testimony at the hearing at a time and place therein specified, or to produce documents for examination at the hearing, or both. If such a subpoena is directed to any member, investigator, employee, or other agent or representative of the agency, including experts retained by the agency for purposes of the particular case, production of documentary evidence from the agency or investigative file of the applicant or licensee and the taking of testimony at the hearing from such person or persons shall be governed by applicable provisions in the practice act regulating the business or profession, and by O.C.G.A. 43-1-19(h)(2).

Notes

Ga. Comp. R. & Regs. R. 295-8-.04

O.C.G.A. Secs. 43-1-2, 43-1-3, 43-1-22, 50-13-3, 50-13-5, 50-13-13.

Original Rule entitled "Subpoenas" adopted as ER. 295-8-0.1-.04. F. and eff. March 3, 1976, the date of adoption. Amended: Permanent Rule of same title adopted. F. Mar. 30, 1976; eff. Apr. 19, 1976. Repealed: New Rule of same title adopted. F. Jan. 18, 1989; eff. Feb. 7, 1989. Repealed: New Rule of same title adopted. F. July 26, 2006; eff. August 15, 2006.